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2025 DAILYLAW 127436 (ALL)

CHANDAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/2200/2025 · 2025-04-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19361 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2200 of 2025 Applicant :- Chandan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Aditya Kumar Bajpai,Monu Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Sri Monu Singh Yadav, learned counsel for the applicants, learned AGA for the State-respondents and perused the record. 2. This application under Section 482 Cr.P.C. has been filed with the following main reliefs: "Whereof it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Judgment and order dated 3.12.2024 passed by the Learned Sessions Judge, Hardoi in Session Trial No. 1330/2024 on the application for discharge of the petitioners, Hardoi, in the interest of justice." 3. Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicants have a statutory alternative remedy to file a revision under Section 397(2) read with Section 401 Cr.P.C. 4. After arguing at some length, learned counsel for the applicants has submitted that he may be permitted to withdraw the present application as dismissed as not pressed with liberty to file a revision under Section 397(2) read with Section 401 Cr.P.C. 5. In view of above, the present application is dismissed as not pressed with liberty to the applicants to avail remedy as may be permissible under law. 6. Certified copy of the FIR be returned to the applicants as per rule after retaining a photo-state copy of the same on record. Order Date :- 7.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench